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2025 Supreme(Online)(Mad) 64676
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr.N. ANAND VENKATESH, J
Mrs.Thanavathy Edward – Appellant
Versus
1.The District Collector Chennai District Collector Office Rajaji Salai, 4th Floor – Respondent
W.P.No.30528 of 2025
For the Appellants/Petitioners: Mr.SP.Chockalingam
For the Respondents: Mr.G.Velu, Mr.E.Veda Bagath Singh
The court emphasizes the necessity for procedural compliance in mortgage cancellation under writ jurisdiction.
Headnote:In the context of a writ of mandamus filed under Article 226, the petitioner seeks cancellation of a mortgage deed, citing non-issuance of receipt post-loan repayment. The court clarifies necessary formalities for the cancellation and mandates their completion within four weeks (paragraphs 1-5). The core issue revolved around procedural compliance for mortgage cancellation.The court emphasized the requisite documentation for the process (paragraphs 3-4) and determined that the respondents must act promptly as mandated by law. The final outcome is the directive to complete the process within the stipulated time frame.
| Table of Content |
|---|
| 1. writ petition for mortgage cancellation (Para 1 , 2) |
| 2. court observes necessity of documentation (Para 3) |
| 3. directive for timely compliance (Para 4) |
O R D E R
This writ petition has been filed for issue of writ of mandamus directing the
1st and 2nd respondents to cancel the Mortgage Deed No.1185/1983 dated
28.04.1983, registered on the file of the 3rd respondent and issue receipt.
2.The case of the petitioner is that her Late husband had availed housing loan from the 2nd respondent. The property was mortgaged as a security for the said loan with the 1st and 2nd respondents. This mortgage was registered as Document No.1185/1983 by Deed dated 28.04.1983. The further case of the petitioner is that her husband has settled the entire loan at the time of his retirement. However, the 1st and 2nd respondent did not cancel the mortgage and issue a receipt confirming the repayment of the loan. The representation made in this regard also did not evoke any response. It is under these circumstances, the present writ petition has been filed before this Court.
3.When the matter was taken up for hearing, the learned Special Government Pleader produced the written instructions received from the 1st respondent. The relevant portions are extracted hereunder:
4.It is clear from the above that the 1st respondent requires certain documents to be produced and the necessary procedure to be completed in order to cancel the mortgage and to issue the receipt. In view of the above, the petitioner is directed to complete the necessary formalities and produce the necessary documents and the entire process shall be completed by the 1st respondent, within a period of four weeks from the date of receipt of copy of this order.
5.This writ petition is disposed of with the above directions. No Costs.
18.08.2025 Index : Yes/No Neutral Citation : Yes/No ssr To
1.The District Collector Chennai District Collector Office Rajaji Salai, 4th Floor
62 Beach Road George Town Chennai 600 001.
2.Forensics Director Director I/c Forensics Science Department
30-A, Kamarajar Salai Mylapore Chennai 600 004.
3.The Sub-Registrar Kodambakkam Jawaharlal Nehru Salai Jai Nagar, Arumbakkam Chennai 600 026.
N. ANAND VENKATESH., J ssr W.P.No.30528 of 2025
